(a) Where the legal regulated rent or any fact necessary to the determination of the legal regulated rent, or the dwelling space, required services or equipment required to be provided with the housing accommodation is in dispute between the owner and the tenant, or is in doubt, or is not known, the DHCR at any time upon written request of either party, or on its own initiative, may issue an order in accordance with the applicable provisions of this code determining the facts, including the legal regulated rent, the dwelling space, required services, and equipment required to be provided with the housing accommodations.
(b)
(1) Such order shall determine such facts or establish the legal regulated rent in accordance with the provisions of this code. Where such order establishes the legal regulated rent, it shall contain a directive that all rent collected by the owner in excess of the legal regulated rent established under this section for such period as is provided in section 2526.1(a) of this Title, or the date of the commencement of the tenancy, if later, either be refunded to the tenant, or be enforced in the same manner as prescribed in section 2526.1(e) and (f) of this Title. Orders issued pursuant to this section shall be based upon the law and code provisions in effect on March 31, 1984, if the complaint was filed prior to April 1, 1984.
(2) Where either:
(i) the rent charged on the base date cannot be determined; or
(ii) a full rental history from the base date is not provided; or
(iii) the base date rent is the product of a fraudulent scheme to deregulate the apartment; or